Four Overlapping Causation Opinions OK, Says Mo. Supreme Court
In April, we called attention to a case transferred to the Supreme Court of Missouri after the Court of Appeals reversed a defense verdict in a medical malpractice action because the defending doctor had been allowed to call too many expert witnesses for his side. The
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The More the Merrier? For experts, the Mo Supreme Court will soon say.
The More the Merrier? For experts, the Mo Supreme Court will soon say.
Posted: April 12, 2018
In October 2017, the Court of Appeals for the Eastern District took the unusual step of reversing a jury verdict for the defending doctor in a medical negligence case because the trial court had let in too many…
Appellate Counsel Dodges Ineffective Counsel Tag for Choice of Points on Appeal
Posted: February 19, 2018
A defendant who admitted kicking, beating, and strangling a man to death lost his bid for a new trial based on the supposed ineffective assistance of appellate counsel in Meiners v. State, No. SC96278 (Jan. 23, 2018) . In the underlying trial, the defendant was convicted of second-degree murder, but the…
Argument Held On First Amendment Challenge to Missouri's Informed Consent Law
Argument Held On First Amendment Challenge to Missouri’s Informed Consent Law
We noted back in October that the Supreme Court of Missouri accepted transfer to hear a novel First Amendment challenge to Missouri’s abortion informed consent law. The case has now been (January 23, 2018) argued and the audio is available at the Court’s website…
It might feel good, but hyperbole hurts appellate (or any) brief writing
It might feel good, but hyperbole hurts appellate (or any) brief writing
Posted January 25, 2018
Using cringe-worthy adjectives like “specious” or “ridiculous” to describe an opponent’s position is almost always a bad idea. Often accompanied by incomplete, circular, or conclusory reasoning, these tiresome words are telltale signs of a weak argument. For readers—particularly appellate…
Forum Selection Clause Enforced For Tort Claims
Forum Selection Clause Enforced For Tort Claims
Posted: January 19, 2018
The Supreme Court of Missouri enforced a contract’s forum selection clause as to tort claims between the parties in Reed v. The Reilly Company LLC, No. SC96499 (Dec. 5, 2017)****. Reed sued his Kansas-based former employer in Jackson County, Missouri alleging violations of…
Catching Up On Sup Ct of Mo Late-2017 Opinions
Mo. Supreme Court Gives Tenants Right to Jury Trial
Mo. Supreme Court Gives Tenants Right to Jury Trial
Posted: January 19, 2018
Missouri landlords can evict defaulting tenants through a streamlined, judge-tried process in associate circuit court. Before 2014, a party aggrieved by the associate circuit court’s ruling could request a full trial de novo (with a jury if they choose) in the circuit…
Prevailing Factor Clarified For Workers' Heart Attack Cases
Prevailing Factor Clarified For Workers’ Heart Attack Cases
Posted January 19, 2018
For a quarter century, Ulysses White worked as a machinist at ConAgra in Marshall, Missouri. It was over 100 degrees at work the day he died. Colleagues found him collapsed on the floor just before lunchtime. An autopsy found his cause of death…
General Jurisdiction Over Bayer Denied in Missouri
General Jurisdiction Over Bayer Denied in Missouri
Posted: January 18, 2018
As we’ve written here before, courts have been grappling with the difficult personal jurisdiction questions presented by large mass tort cases for some time now. The Supreme Court of Missouri’s opinion in Bayer Corporation v. Moriarty, SC96189 (December 19, 2017) continues this development.…